Selling a co-owned property in Paris: can you sell without the agreement of all heirs?

In Paris, a significant proportion of properties put up for sale comes from inheritances. Behind these cases, there is a constant clearly identified by professionals: co-ownership frequently constitutes the main blocking factor.

At Fairway Luxury Real Estate, we regularly assist with co-owned sales in the 8th, 9th and 17th arrondissements. In most situations, the blockage is not real estate related. It is relational.

Disagreement between heirs, inactive co-owner, divergence of strategy between retention and sale, sometimes long-standing family tensions: these elements can immobilize an asset for several years. French law now allows, within a strictly regulated framework, a way out of these situations, including without unanimity.

1. The principle in co-ownership: unanimity remains the rule

The sale of real estate held in co-ownership constitutes an act of disposal. As such, it in principle requires the agreement of all co-owners.

In practice, this means that a single co-owner can oppose the sale and block an amicable transfer.

This case is common in Paris, particularly in inheritances involving several heirs or complex wealth situations.

2. The legal easing: the two-thirds majority

The Law of May 12, 2009 introduced a mechanism making it possible to go beyond the requirement of unanimity.

Cumulative conditions:

• The co-owners representing at least two thirds of the undivided rights wish to sell
• The sale project is notified to the other co-owners by notarial deed
• A period of three months is left to respond

In the event of refusal or absence of response, the sale cannot be carried out directly. Judicial authorization is necessary.

3. The role of the judge: an assessment on a case by case basis

The judicial court may authorize the sale despite the opposition of a co-owner, but only under certain conditions.

The judge notably verifies:

• The preservation of the common interest of the co-owners
• The legitimate or abusive nature of the refusal
• The impact of the situation on the property (deterioration, charges, inertia)

The authorization is therefore neither automatic nor systematic.

4. Exiting co-ownership: an absolute right

French law establishes a structuring principle:

This principle, derived from Article 815 of the French Civil Code, allows any co-owner to initiate partition.

In the absence of an amicable agreement:

• Judicial proceedings may be initiated
• The property may be sold through a licitation procedure

This sale generally takes place at auction, within a less favorable framework than the classic market.

5. Economic issues: a frequent destruction of value

The legal dimension must not obscure an essential point: the economic impact.

In a blocking situation:

• Lengthening of marketing timelines
• Progressive deterioration of the property
• Absence of a coherent market launch strategy
• Deterioration of the perception by buyers

In the event of judicial proceedings:

• Reduction in the number of solvent buyers
• Absence of competitive tension
• Often significant discount

On high-end Parisian assets, these effects can represent very high amounts.

6. Strategic approach: intervening before litigation

A strictly legal reading of the subject is insufficient.

In most cases, the blockage is based on human and wealth-related factors, more than on questions of law.

Methodology applied at Fairway Luxury Real Estate:

• Identification of the positions and interests of each co-owner
• Highlighting of the economic consequences of the blockage
• Structuring of a balanced exit scenario
• Coordination with notaries and legal advisors

This work makes it possible, in many cases, to avoid judicial proceedings and preserve the value of the property.

7. Reading the Parisian market

In sectors such as Ternes, Plaine Monceau or Saint-Georges:

• Co-owned properties show longer sale timelines than the average
• Price gaps are more marked
• Buyers are more attentive to the legal context

These situations require precise positioning and rigorous execution.

Conclusion

The sale of a co-owned property in Paris is not solely a matter of real estate law.

It involves a combined reading:

• legal
• economic
• human

Legal tools make it possible to break a deadlock, but they often intervene after the situation has deteriorated.

In this type of case, performance does not rely solely on the market. It relies on the ability to structure a controlled exit.

Legal sources

• Articles 815, 815-5, 815-5-1, 815-6 of the French Civil Code
• Law of May 12, 2009

FAQ on selling a co-owned property in Paris